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Legal And Ethical Issues In Organ Donation In India




Shivani Sharma, Assistant Professor, Swami Vivekanand College of Law, Banur

Seema Devi, Assistant Professor, Swami Vivekanand College of Law, Banur

Shivalika Sharma, Assistant Professor, Swami Vivekanand College of Law, Banur.


ABSTRACT


This paper carefully looks at the legal and ethical problems about organ donation in India. It focuses on the rules made by THOTA, 1994 (THOTA) and its changes later. It explains important parts about how people give permission (consent), how brain death is confirmed (brain death certification), stopping organ trade and the jobs of the authorities who control these rules. The study shows ongoing problems like very few people donating organs, weak law enforcement, risks of misuse and social and cultural difficulties. It also compares India’s system with other countries to find better ideas. The paper ends with suggestions to make laws stronger, teach people more and change policies to make organ donation in India more open, fair and ethical.


Keywords: Organ Donation, THOTA, Informed Consent, Brain Death organ Trafficking



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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